Demand Letter - GoHaynesvilleShale.com2024-03-29T10:49:39Zhttps://gohaynesvilleshale.com/forum/topics/south-caddo-well-serial-244356-sec-18-t16n-r13w-permitted-jan-25?groupUrl=southcaddoparishgroup&commentId=2117179%3AComment%3A2628587&groupId=2117179%3AGroup%3A1035&feed=yes&xn_auth=noWhat/Who is HBP and how do I…tag:gohaynesvilleshale.com,2012-10-02:2117179:Comment:27158272012-10-02T15:37:08.208ZLNhttps://gohaynesvilleshale.com/profile/LN
<p><strong>What/Who is HBP and how do I get into contact with them?</strong></p>
<p> </p>
<p><strong>I too have a very unique situation. I won a court case against some very unsavory individuals who submitted a "F.A.K.E. W.I.L.L." that was supposedly found after <span style="text-decoration: underline;"><em>18</em></span> years to this O&G company. The O&G company entered into a lease agreeement with these folk and began to do business with them. I have a copy of the lease…</strong></p>
<p><strong>What/Who is HBP and how do I get into contact with them?</strong></p>
<p> </p>
<p><strong>I too have a very unique situation. I won a court case against some very unsavory individuals who submitted a "F.A.K.E. W.I.L.L." that was supposedly found after <span style="text-decoration: underline;"><em>18</em></span> years to this O&G company. The O&G company entered into a lease agreeement with these folk and began to do business with them. I have a copy of the lease agreement. </strong></p>
<p><strong>I know that this lease agreement can be challenged due to the process that this O&G company went through to achieve it. By the way, I did not enter into an agreement with them because they were caught in SEVERAL lies regarding this matter. They knew that these folk did not have any valid claims to this land and told me so themselves! (I can easily prove this...but will save this information in case this matter has to go to court).</strong></p>
<p><strong>Anyway, who do I contact at this O&G company regarding this issue of them basically dealing with a portion of the well that doesn't legally have my approval? And again, who is HBP?</strong></p>
<p><strong>They posted production on SONRIS in February, 2012.</strong></p>
<p><strong>My current attorney is extremely busy and cannot answer my questions. However, he did send them a Demand Letter in approximately June, 2012 telling them that they needed to contact him. My attorney received their response from them but told me that he needed time to review it to see if it was acceptable or not.</strong></p>
<p><strong>Any information and advice would be extremely beneficial and helpful.</strong></p>
<p><strong>TIA</strong></p> Well stated, Doc.
You truly h…tag:gohaynesvilleshale.com,2012-09-29:2117179:Comment:27140932012-09-29T20:21:36.122ZGoshDarnhttps://gohaynesvilleshale.com/profile/GoshDarn
<p><strong>Well stated, Doc.</strong></p>
<p><strong>You truly have been put through the proverbial ringer.<br></br></strong></p>
<p><strong>So, so true.<br></br></strong></p>
<p><strong>And, as many GHS members have realized, you really do know your stuff.<br></br></strong></p>
<p><strong>Granted. There's no doubt about it. Your hardship with CHK has been a tough row to hoe.<br></br></strong></p>
<p><strong>Of course, as I understand it (and I could be wrong) -- basically you've only had godawful dealings…</strong></p>
<p><strong>Well stated, Doc.</strong></p>
<p><strong>You truly have been put through the proverbial ringer.<br/></strong></p>
<p><strong>So, so true.<br/></strong></p>
<p><strong>And, as many GHS members have realized, you really do know your stuff.<br/></strong></p>
<p><strong>Granted. There's no doubt about it. Your hardship with CHK has been a tough row to hoe.<br/></strong></p>
<p><strong>Of course, as I understand it (and I could be wrong) -- basically you've only had godawful dealings with one exceptionally disingenuous operator, i.e., CHK.<br/></strong></p>
<p><strong>Whereas in my own case, I've had dealings with 5 operators in NW La. (not including CHK). Plus, I dodged a big bullet by not signing with CHK after an extended fight. (Lucky me.)<br/></strong></p>
<p><strong>So, that's the perspective I'm bringing to this discussion, i.e., my "historical" interface with somewhat "more" reasonable operators.<br/></strong></p>
<p><strong>Finally, you're exactly right. You're in a fairly unique situation, being as you're not signed per being UMI.</strong></p>
<p><strong>And like me, many GHS members are, in fact, already signed with operators, which does put another spin on it.</strong></p>
<p><strong>Ergo, per your tragic track record with CHK -- which I fully agree everyone needs to be made aware of . . . then, if a landowner is dealing with CHK, I would agree you're technique would be quite wise.</strong></p>
<p><strong>True. Good documentation never hurts.<br/></strong></p>
<p><strong>That said, I still think HBP has valid insight when dealing with other "more" reasonable operators.</strong></p>
<p><strong>Just my 2 cents.</strong></p>
<p><strong>Have a good one, Doc. Take care.</strong></p>
<p><strong>GD <br/></strong></p> GD,
Good Saturday to you.
HBP…tag:gohaynesvilleshale.com,2012-09-29:2117179:Comment:27137372012-09-29T18:51:33.999ZDrWAVeSport Cd1https://gohaynesvilleshale.com/profile/DrWAVeSportV
<p>GD,</p>
<p>Good Saturday to you.</p>
<p>HBP has my utmost GHS respect and I would not disagree with HBP's recommendations.</p>
<p>However, I and many, many others have had to "live" through the stall tactics, lack of communications (putting it mildly), obfuscation and out right lying certain O&Gs practice.</p>
<p>When "certain" Nat Gas Companies tell one over and over again that they have never received one's certified, signed return receipt mailed DO information (mailed in triplicate to…</p>
<p>GD,</p>
<p>Good Saturday to you.</p>
<p>HBP has my utmost GHS respect and I would not disagree with HBP's recommendations.</p>
<p>However, I and many, many others have had to "live" through the stall tactics, lack of communications (putting it mildly), obfuscation and out right lying certain O&Gs practice.</p>
<p>When "certain" Nat Gas Companies tell one over and over again that they have never received one's certified, signed return receipt mailed DO information (mailed in triplicate to 3 Departments and 2 of the Company's solely-owned Subs...When Company's Reps say they never received faxed and e-mailed copies of same DO info...When demand letter...1st sent certified signed return receipt, e-mailed and faxed several times over several months to Departments, including DO Dept., Revenue Dept., JB Dept.,...and Operating Company... And when Company shuts down several of its published fax numbers and won't return one's calls... </p>
<p>I have been given good legal advice per "waiting" on O&G Companies... Don't!</p>
<p>Of course, most are leased and I am not... There may be the "rub."</p>
<p>Just remember...O&G Companies won't hesitate to throw the Legal System and their Lawyers at you and the Courts have shown that They expect U.S. to research, know, and pursue our own courses of Action/Justice first and not rely on them to fix things for U.S.</p>
<p>Don't want to look back and say...I wish I had done something sooner than later per starting the Legal Time Clock... Just in case.</p>
<p>DrWAVeSport Cd1 9/29/2012</p>
<p> </p>
<p> </p>
<p> </p>
<p> </p> Doc and HBP:
You both appear…tag:gohaynesvilleshale.com,2012-09-28:2117179:Comment:27130462012-09-28T18:06:38.275ZGoshDarnhttps://gohaynesvilleshale.com/profile/GoshDarn
<p><strong>Doc and HBP:</strong></p>
<p><strong>You both appear to be well-intentioned on this topic; and, y'know, both opinions are helpful (and understandable per POV).<br></br></strong></p>
<p><strong>HBP -- methinks that Doc may not know your top-flight credentials. <br></br></strong></p>
<p><strong>Doc, per your bloody battle with CHK, you do know how to fight the fight, that's for sure.<br></br></strong></p>
<p><strong>Hey, if it was me, from what little I know about this situation . . . in this…</strong></p>
<p><strong>Doc and HBP:</strong></p>
<p><strong>You both appear to be well-intentioned on this topic; and, y'know, both opinions are helpful (and understandable per POV).<br/></strong></p>
<p><strong>HBP -- methinks that Doc may not know your top-flight credentials. <br/></strong></p>
<p><strong>Doc, per your bloody battle with CHK, you do know how to fight the fight, that's for sure.<br/></strong></p>
<p><strong>Hey, if it was me, from what little I know about this situation . . . in this case I'd apply your advice, HBP, since I agree that it takes a smidgen of time for all such red-tape paperwork to fall into place. So I'd make the phone calls first and see how it goes.<br/></strong></p>
<p><strong>Then, like you both know, if the headaches continue, after more time, I'd go Doc's route.<br/></strong></p>
<p><strong>Oh, Doc. You might "friend" HBP via GHS's private internal e-mail and ask him his background. HBP is an insider resource whom you might be impressed by vis-a-vis his strong resume and/or possibly ask for counsel from.<br/></strong></p>
<p><strong>All good, folks.<br/></strong></p>
<p><strong>And, y'know, thank goodness NG is trending up a bit these days.<br/></strong></p>
<p><strong>GD<br/></strong></p>
<p><strong> </strong></p>
<p><strong> </strong></p> Dr. Wave
I understand your po…tag:gohaynesvilleshale.com,2012-09-28:2117179:Comment:27128362012-09-28T14:57:02.113ZHBPhttps://gohaynesvilleshale.com/profile/HBP
<p>Dr. Wave</p>
<p>I understand your point, sometimes 90 days can feel like a long time. And I am familiar with demand letters because many leave my office each month when necessary for clients. I see them more as the step after I speak to the DO to give them a heads up. Also, the lessee can simply respond to your letter that they don't have title yet, there is a survey issue, or simply that they don't have the man power at the time to address it (I actually got the manpower one as a…</p>
<p>Dr. Wave</p>
<p>I understand your point, sometimes 90 days can feel like a long time. And I am familiar with demand letters because many leave my office each month when necessary for clients. I see them more as the step after I speak to the DO to give them a heads up. Also, the lessee can simply respond to your letter that they don't have title yet, there is a survey issue, or simply that they don't have the man power at the time to address it (I actually got the manpower one as a response once, and IMHO that did not qualify as "reasonable" under 31:138 - but the owner did not want to sue and it got cured after a 2nd letter expressing that opinion).</p>
<p></p>
<p>I will concede that you can certainly send one whenever you choose to, and it will likely get a response. But in some cases an owner (or attorney) must deal with the same DOs and landmen over and over again, so I don't want to wear them thin with formal demands when I know they want nothing more than to get their unit in pay asap. I use the demand letter when I feel like my next step is drafting a petition (or when they plainly ignore an owner's "heads up" call/email).</p>
<p></p>
<p>All good thoughts and ideas on the thread - so that is my two cents</p>
<p></p> HBP,
No offense taken here. …tag:gohaynesvilleshale.com,2012-09-28:2117179:Comment:27126072012-09-28T01:50:24.302ZDrWAVeSport Cd1https://gohaynesvilleshale.com/profile/DrWAVeSportV
<p>HBP,</p>
<p>No offense taken here. </p>
<p>The "demand" letter (1) is a written document that the state of LA requires for payment in cases where lessors don't receive their royalties as it starts the clock officially for giving Lessees a 30 day notice to respond to Lessors, and (2) LA requires Lessors to give a written notice to Lessee prior to any legal action.</p>
<p>HK and BHP Billiton both need to receive the "demand" letter, IMO. </p>
<p>The "demand" letter just gives the necessary…</p>
<p>HBP,</p>
<p>No offense taken here. </p>
<p>The "demand" letter (1) is a written document that the state of LA requires for payment in cases where lessors don't receive their royalties as it starts the clock officially for giving Lessees a 30 day notice to respond to Lessors, and (2) LA requires Lessors to give a written notice to Lessee prior to any legal action.</p>
<p>HK and BHP Billiton both need to receive the "demand" letter, IMO. </p>
<p>The "demand" letter just gives the necessary Lessor information to a "not so respondent" Lessee and again, starts the clock running which is quite important where "contracts" are concerned. The "demand" letter is just a "notice" to pay, it does not represent any negative connotation to a Lessee in any way. </p>
<p>The earlier, the better, IMO. </p>
<p>This well has been in production since June 17, 2012, over 90 days. Enough time for DOs to be sent out. Even Chesapeake Energy got DOs out to me within 90 days of production and CHK practices delay, delay, delay all day long. </p>
<p>Failure to send out and/or receive back Division Orders...in LA...is not conditional for payment by Lessee royalties due Lessor... They must pay with or without DO.</p>
<p>DrWAVeSport Cd1 9/27/2012 </p>
<p> </p> Call in and request to speak…tag:gohaynesvilleshale.com,2012-09-27:2117179:Comment:27123302012-09-27T22:53:24.396ZHBPhttps://gohaynesvilleshale.com/profile/HBP
<p>Call in and request to speak to the DO for that unit, or submit a request through their royalty owner line. I would give you a name, but I do not know the one for that unit.</p>
<p></p>
<p>Also, is your lease with Petrohawk? Just wanted to confirm, if not you will want to contact your lessor directly.</p>
<p>Call in and request to speak to the DO for that unit, or submit a request through their royalty owner line. I would give you a name, but I do not know the one for that unit.</p>
<p></p>
<p>Also, is your lease with Petrohawk? Just wanted to confirm, if not you will want to contact your lessor directly.</p> Thanks-We are just so ready t…tag:gohaynesvilleshale.com,2012-09-27:2117179:Comment:27123722012-09-27T21:34:08.509ZConnie Whyte Penderhttps://gohaynesvilleshale.com/profile/ConnieWhyte
<p>Thanks-We are just so ready to get started! How would we all found out who the DO analyst is? I guess we will have to wait a little longer....Thank you for your time.</p>
<p>Thanks-We are just so ready to get started! How would we all found out who the DO analyst is? I guess we will have to wait a little longer....Thank you for your time.</p> If this was completed in June…tag:gohaynesvilleshale.com,2012-09-27:2117179:Comment:27121462012-09-27T21:28:03.386ZHBPhttps://gohaynesvilleshale.com/profile/HBP
<p>If this was completed in June, then it is probably not time for a demand letter just yet - unless your lease has a 120 day payment stipulation which would be an added clause (not bath form). Also, it is early to be sending concerns to the DOC. Just my humble opinion (No offense DR. WS).</p>
<p></p>
<p>I would call (your lessor), try to locate the specific DO analyst for your unit and inquire about the div. order. Also see if they have a unit plat yet they could send a copy of for your…</p>
<p>If this was completed in June, then it is probably not time for a demand letter just yet - unless your lease has a 120 day payment stipulation which would be an added clause (not bath form). Also, it is early to be sending concerns to the DOC. Just my humble opinion (No offense DR. WS).</p>
<p></p>
<p>I would call (your lessor), try to locate the specific DO analyst for your unit and inquire about the div. order. Also see if they have a unit plat yet they could send a copy of for your files. If there are small lots or neighborhoods in your unit (which may be likely in 16-13) then you can bet some of the smaller tracts are going to lag behind on DOs and getting in pay (unless they already have the title opinion).</p>
<p></p>
<p>Just my opinion to help deal effectively with the companies. Now if it gets toward 5-6 mos, you are getting into demand letter territory, and depending on the size of your interest, an oil and gas professional would be recommended to ensure prompt and then accurate payment. </p> Got the phone number-Thanks s…tag:gohaynesvilleshale.com,2012-09-27:2117179:Comment:27119442012-09-27T19:21:27.046ZConnie Whyte Penderhttps://gohaynesvilleshale.com/profile/ConnieWhyte
<p>Got the phone number-Thanks sooooooooooo much!</p>
<p>Got the phone number-Thanks sooooooooooo much!</p>